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P 685 
I.U561 
Copy 1 






IN THE SENATE OF THE UNITED STATES. 



FEBRUARY 18, 1858.— ORDERf^D TO BE PRINTED. 



Mr. CoLLAMEK, from the Committee on Territories, submitted 
■'"'''- the following as the 

VIEWS OF THE MmORITY 

On the Constitution of Kansas, "adojUed h/ the Convention tvhich 
met at Lecompton on Monday/, the M of September, 1857, 



Congress has passed laws in relation to 
slavery ia the Territories at all periods of its 
existence. When the territory was held by 
grant or treaty that in no way alfected sla- 
very, and where such an institution existed, if 
at all, to a very limited extent; there Congress 
entirely prohibited it. If slavery existed, and 
especially if the territory was holden by a title 
or treaty which forbade abolition, there sla- 
very wag suffered to continue j but even there 
Congress often adopted measures to prevent or 
check further additions, and often, and before 
1820, the taking of slaves into a Territory for 
sale wag forbidden. 

It is most observable, however, that in no 
case was the condition of a Territory, as to 
slavery, ever left to be a matter of contention 
to the people therein. It was regarded as a 
question of too much interest to the whole 
country to be left to local legislation. At no 
period in our history has it ever, by any party, 
been insisted that the people were not at liber- 
ty to arrange this matter, like all others, in 
their own way, in the formation or alteration 
of their State Constitution. In all the Terri- 
tories north of the Ohio slaver-> vaa utterly 



forbidden by Congress from 
they were formed, and in r- 
dinance of 1787. In Mip- 
gress prohibited the 
which they could np 
1808. This was dir 
in Orleans Terrif/ 
adopted three ey 
Slaves were forb. 
with the owner' 
not to be imp< 
States; none ■v 
manner, if im 
of either of t. 
'dfre 



time, as 
«f the or- 
\98, Con- 



'ntil 



I bidden north of 3G° 30' in the country ceded 
I to us by France. This was done by the South- 
I ern vote by a large majority, with a small 
minority of the North, and so a Southern meas- 
ure. This settled the condition of all the ter- 
ritory we then owned, and was the bond of 
peace on the subject for more than one-third 
of a century. When Texas was acquired, the 
same provision, by a line on ZQ9 30', was made 
for peace. 

When, by arrangement with Great Britain,, 
we obtained the exclusive right to Oregon, it 
was formed into a Territory, and slavery ut- 
terly prohibited. After our acquisition by the 
treaty of peace with Mexico, difficulty and 
trouble on this subject was renewed. In 1850 
this was arranged by the admission of Califor- 
nia as a free State, and forming New Mexico 
and Utah into Territories, with the right, when 
forming State Constitutions, at the proper time, 
to be admitted either with or without slavery, 
as such Constitution should provide. This 
was also a Southern measure ; and it, together 
with the former measures then in force, again 
settled the condition of all our territory as to 
slavery. It was claimed and sustained aa a 
finality of this subject. 

In 1854 a measure was adopted, at the claim 

of the slaveholding States, by which, in effect, 

both and all the settlements were broken up, 

and the whole policy of the Government on 

this subject changed. The country south of 

3^6° 30' — Missouri, Arkansas, Louisiana, and 

lorida — obtained from Spain, had been mado 

"> slave States; but the country north of 

lino was mostly unsettled, Iowa only 

' beep formed therefrom. The Kansas- 

* act -vv^s passed, the Missouri com- 

^ne declared inoperative, and tha 

lavery was professedly turned over 

who should go and inhabit that 

was an invitation to all mea 

i ' competition for. f»ee or 

' was to be expected 



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J.. „■ w 



that the friends and promoters of these two 
systems would make vigorous exertions in the 
struggle, and that settlement, by friends of 
each, would fe'e highly stimulated by all lawful 
means. Hence associations and societies have 
been put in operation, both North and South, 
to promote such settlement by their respective 
friends. This was, however, neither unlawful 
nor censurable. That provision of the Kansas 
act is as follows : 

"The eighth section of the act preparatory 
' to the admission of Missouri into the Union 
'.(which being inconsistent with the principle 
'of non-intervention by Congress with sla- 

• very in the States and Territories, as required 

* by the legislation of 1850, commonly called 
' the compromise measure) is hei-eby declared 
' inoperative and void, it being the true intent 
' and meaning of this act not to legislate sla. 



borne down by said violence and intimiu. 
scattered and discouraged, and laboring unde* 
apprehensions of personal violence, refrained 
and desisted from presenting any protest to 
the Governor in relation thereto, and he, then 
uninformed in relation thereto,' issued cer- 
tificates to the members who appeared by said 
formal returns to have been elected. 

In relation to those districts which the Gov- 
ernor so set aside, orders were by him issued 
for new elections. In one of these districts 
the same proceedings were repeated by men 
from Missouri, and in others not, and certifi- 
cates were issued to the persons elected. 

This Legislative Assembly, so elected, as- 
sembled at Pawnee on the 2d day of July, 
1855, that being the time and place for hold- 
ing the meeting, as fixed by the Governor, by 
authority of law. On assembling, the Houses 



very into said Territory, or to exclude it there- | proceeded to set aside and reject those mem- 



\. 



' from, but'to leave the people thereof perfectly 
' free to form and regulate their domestic in- 
' stitutions in their own way, subject only to 
' the Constitution of the United States : Fro- 
' videdj That nothing herein contained shall 
' be construed to revive or put in force any 
'law or regulation which may have existed 
''prior to the act of March 6, 1820, either pro- 
' tecting, establishing, prohibiting, or abolish- 
' ing slavery." 

Without now inquiring into the propriety, 
expediency, or moral justice, of this law, clear 
it is that it Contains the plighted public faith 
of this nation that the people of Kansas shall 
have the right of self-government consistent 
with the Constitution. 

Plighted public faith and just laws, how- 
ever, secure no rights to men. These are found 
only in the just and fair execution of such | 
laws; and we will now briefly inquire how 
tlifit has been done in relation to that people. 
Hanre they been permitted to exercise their 
promised freedom, even in the initiation of the 
Government provided for them ? 

The Governor of Kansas having, in pursu- 
ance of law, divided the Territory into dis- 
tricts, and procured a census thereof, issued 
bis proclamation for the election of a Legisla- 
tive Assembly therein, to take place on the 
30th day of March, 1855, and directed howth^ 
same should be conducted, and the returns 
made to him, agreeable to the law establishing 
said Territory. On the day of election, large 
bodies of armed men from the State of Mis- 
souri appeared at the polls in most of the dis- 
tricts, and, by most violent and tumultuous 
carriage and demeanor, overawed the defence- 
less inhabitants, and by their own votes elected. 
a large majority of the members of both Hous/ 
of said Assembly. On the returns of ir 
election being made to the Governor, pr 
and objections were made to him in 
to a part of said districts ; and as to 
set aside such, and such only, as by 
appeared to be bad. In relatiOy 
covering, in all, a majority of 
equally vicious in fact, but 
by formal returns, t^*^ ' ^V^ 



bers so elected on said second election, except 
in the district Avhere the men from Missouri 
had, at said election, chosen the same persons 
they had elected at the said first election, and 
they admitted all of the said first-elected mem- 
bers. 

A Legislative Assembly, so created by mili- 
tary force, by a foreign invasioh, in violation 
of the organic law, was but a usurpation. No • 
act of its own, 50 act or neglect of the Gov- 
ernor, could legalize or sanctify it. Its own 
decisions as to its own legality are, like its laws, 
but the fruits of its own usurpation, which no 
Governor could legitimate. 

That Territorial Legislature passed the fol- 
lowing law: 

"Sec. 11. If any person print, write, intro- 
duce into, publish, or circulate, or cause to be 
brought into, printed, written, published, or 
circulated, or shall knowingly aid or assist 
in bringing into, printing, publishing, or cir-' 
culating, within this Territory, any book, 
paper, pamphlet, magazine, hand-bill, or cir- 
cular, containing any statements, arguments, 
opinions, sentiments, doctrines, advice, or in- 
nuendo, calculated to promote a disorderly, 
dangerous, or rebellious disaffection among 
the slaves in this Territory, or to induce such 
slaves V) escape from the service of their 
masters (k to resist their authority, he shall 
be guilty # '' felony, and be punished by im- 
prisonmg/ ' hard labor for a term not 
less ths 

""ree person, by speaking 

or maintain that per- 

to hold slaves in this 

^uce into this Terri- 

circulate, or cause 

'erritory, written, 

ited, in this Ter- 

-zine, pamphlet, 

lial of the right 

this Territory, 

lilty of felony, 

: at hard labor 

-var,'' ' 



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.a jurov in the trial of any cause founded on a 
jA' breacli of the foregoing law. They further 
/ provided, that all officers and attorneys should 
be sworn not only to support the Constitution 
of the United States, but also to support and 
sustain the organic law of the Territory, and 
tlie fugitive slave laws; and that any person 
offering to vote shall be presumed to be en- 
titled to vote until the contrary is shown; and 
if any one, when required, shall refuse to take 
oath to sustain the fugitive slave laws, he shall 
not be permitted to vote. Although they 
passed a law that none but an inhabitant, who 
had paid a tax, should vote, vet they required 
no ttme of residence necessary, and prt)vided for 
the immediate payment of a poll-tax; so pro- 
viding, in effect, that on the eve of an election 
the people of a neighboring State could come 
in, in unlimited numbers, and, by taking up a 
residence of a day or an hour, pay a poll-tax, 
and thus become legal voters, and then, after 
voting, return to their own State. They thus, 
)tf in practical effect, provided for the people of 
■n llissouri to control elections at their pleasure, 
and permitted such only of the real inhabitants 
of the Territory to vote as are friendly to the 
holding of slaves. 

They permitted no election of any of the 
officers in the Tcrritoiy to be made by the peo- 
ple thereof, but created the offices and filled 
them, or appointed oflicers to fill them for long 
periods, and provided that the next annual 
election should be holden in October, 1856, 
and the Assembly to meet in January, 1857; 
so that none of these laws could be changed 
until the lower House might be changed, in 
1856; hut the Council, which is elected for 
two years, could not be changed so as to allow 
a change of the laws or officers until the ses- 
Biou of 1858, however much the inhabitants 
of the Territory might desire it. 

These laws, made by an Assembly created 
by a foreign force, are but a manifestation of 
the spirit of oppression which was the parent 
of the whole transaction. 

They were obviously made to oppress and 
drive out all who were inclined to tlie exclu- 
sion of slavery'; and if they remained, to silence 
them on this subject, and subject them to tlie 
will and control of the people of Missouri. 
These are the laws which the President says 
must be enforced by the army and whole 
power of this nation. 

The people of Kansas, thus invaded, sub- 
dued, oppressed, and insulted, seeing their 
Territorial Government (such only in form) 
perverted into an engine to crush them in the 
dust, and to defeat and destroy the professed 
object of their organic law, by depriving them 
of the '■'■ perfect freedom" therein provided; and 
finding no ground to hope fur rights in that 
organization, they proceeded, under the guar- 
antee of the United States Constitution, "peace- 
ably to assemble to petition the Government 
for the redress of (their) grievances." They 
saw no earthly source of relief but in the 
formation of a State Government by the peo- 



ple, and the acceptance and ratification thereof 
by Congress. 

It is true that, in several instances in our 
political history, the people of a Territory have 
been authorized by an act of Congress to form 
a State Constitution, and, after so doing, were 
admitted by Congress. It is quite obvious 
that no such authority could be given by the 
act of the Territorial Government. That clear- 
ly has no power to create another Government 
paramount to itself. It is equally true that, in 
numerous instances in our history, the people 
of a Territory have, without any previous act 
of Congress, proceeded to call a Convention 
of the people by their delegates; have formed 
a State Constitution, which has been adopted 
by the people, and a State Legislature assem- 
bled under it, and chosen Senators to Congres.s, 
and then have presented said Constitution to 
Congress, who has approved the same, and re- 
ceived the Senators and members of Congress 
who were chosen under it before Congress had 
approved tiie same. Such was the case of 
Tennessee; such was the case of Michigan, 
wlicKe the people not only formed a State Con- 
stitutiou without an act of Congress, and with- 
out any act of the Territorial Government, but 
they also put the State Government into full 
operation, and superseded the Territorial Gov- 
evrnment, and it was approved by Congress by 
receiving it as a State. 

This was then sustained in the Senate by 
the present President Buchanan, who there 
declared that any act of the Territorial Legis- 
lature for the calling a Convention to form a 
Constitution, would be an act of usurpation. 

The people of Florida formed their Consti- 
tution, without any act of Congress therefor, six 
years before tbej- were admitted into the Union. 
When the people of Arkansas were about form- 
ing a State Constitution without a previous 
act of Congress, in 1835, the Territorial Gov- 
ernor applied to the President on the subject, 
who referred the matter to the Attorney G'-n- 
eral, and his opinion, as then expressed and 
published, contained the following: 

''It is not in the power of the General As- 
' sembly of Arkansas to pass any law fyr the 
' pur])ose of electing members to a Conventiouy 
' to form a Constitution and State Government/- 
' nor to do any other act, directly or indirect!,^ 
' to create such Government. Every such lo/^, 
' even though it were approved by the VM- 
' ernor of the Territory, would be nulj'^and 
' void; if passed by them, notwithstandi-ig his 
' veto, by a vote of two-thirds of each /ranch, 
' it would still be equally void." / 

He further decided that it was not/ebellious 
or ins)irrectiouary, or even unlawful, for the 
people peaceably to proceed, even without an 
act of Congress, in forming a Constitution, and 
that the so forming a State ^institution, arid 
so far organizing under the same as to choose 
the officers necessary for its representatip(n in 
Congress, with a view to present the same to 
Congress for admission, was a power which 
fell clearly within the right of the people to 
assemble and petition for redress. The peo- 



,\ 



pie of Arkansas proaeoded -n-ithout an act of 
Congress, and were received into the Union 
accordinglJ^ If any rights were derived to 
the people of Arkansas from the terms of the 
French treaty of cession, they equally extended 
to the people of Kansas, it being a part of the 
samo cession. 

In this view of the subject, the people as- 
sembled at Topeka, in said Territory, by dele- 
gates chosen in the several counties, in public 
meetings assembled for that purpose, in Sep- 
tember, 1855, who formed a Constitution which 
Avas submitted to the people for their ratifica- 
tion or rejection, and which wag duly ratified 
by a large majority of all who thought proper 
to vote, being, as we believe, a majority of all 
the voters then in the Territory. 

Unde« that Constitution an election of a 
Governor and Legislature was made, and offi- 
cers appointed, arid an organization made, for 
the purpose of petitioning Congress for admis- 
sion to the Union; and a memorial was made 
and presented to Congress, with said Consti- 
tution, for that purpose. 

That memorial or petition for the admision 
of Kansas as a State, under the Topeka Con- 
stitution, formed as before stated, and so pre- 
sented to Congress, though agreed to by the 
House of Representatives, was rejected by the 
Senate. The investigation, the evidence, and 
the facts, as to the invasion and subjuga- 
tion of Kansas at the Marcli election of 1855, 
as presented by the committee of the House 
of Representatives, appointed for such investi- 
gations, fully discloses its enormity and out- 
rage, as before stated, and shows that the in- 
vasion extended to every election district but 
one, yet the Senate entirely refrained from 
investigation, and all redress for that people 
failed. 

No provision was made to correct the wrong, 
and they were left to suffer under the oppres- 
sion of the tyrannical laws and usurped power 
of the unscrupulous minority Avhich force and 
fraud had there installed in official position, 
with the power and army of the United States 
pledged to sustain them. Thus ended the ses- 
sion of Congress in the summer of 1856. In 
that summer this usurped power in Kansas 
^was exercised over the people there in the 
tame spirit in which it originated, and, as 

' lifested in the laws before mentioned, to 
dljAe the Free State people from the Territory, 
an)|Anrevent their emigration thereto. Aided 
by i\\ people in Missouri, who had first subju- 
gatecMhe Territory, and by otliers like minded, 
under Vretended color of the laws so made, 
freedomw speech was crushed, printing presses 
were destroyed, and pillage, conflagration, and 
lpurde^•, spiad over the land. Every attempt 
f*t self-defei^ce by the Free State people was 
y(:(miii\mced " constructive treason," and large 
nt^mbers were long imprisoned and guarded 
by United States troops theref»r. 

•Many of the people were compelled to flee, 
and the Missouri river, the usual means of 
access to the Territory, Avas blockaded, and 
emigrants prevented ft-om proceeding; Thus 



closed the gloomy autumn of 1856, and duriil 
the succeeding winter a large part of the peo\ 
pie were dependent for their necessary suppliesV 
on the charitable ccJntributions of the people ^ 
of distant States. In October, 1856, a Terri- 
torial election for members of its House of 
Representatives occurred; but persecuted, 
scattered, and imprisoned, and the oppression 
of the tyrannical statutes of test oaths and gag 
laws continning, entirely deprived the Free 
State people from any participation therein, 
and so the usurpation continued. 

The people who had formed the Topeka Con- 
stitution for presentation to Congress, and 
which thej' presented to Congress, not despair- 
ing of the justice of their country, and yet 
hoping that Congress might accept it, contin- 
ued from time to tinje their provisional organ- 
ization under the same, in order again to 
present the same, and the same has again 
been submitted to the people for ratification, " 
and all invited to participate therein ; and the 
same was again ratified by the majority of all 
who thought proper to vote in August, 1857. 
But no Government under the same has ever, 
in any respect, been attempted to be put in 
operation, or the same in any manner been 
assorted against the existing ofiicers of the 
United States, or its. laws, including that es- 
tablisljiing Kansas Territory. It was, and ever 
has been, preliminary and provisional, subject 
to the action of Congress. It is indeed true 
that a large part, and probably a large major- 
ity, of that people were attached to that 
Constitution, which they have repeatedly re- 
quested Congress to accept, but that they have 
ever attempted, in any act or spirit of rebel- 
lion, forcibly to put in operation a Government 
under it, is entirely untrue ; although indi- 
vidual wishes or ultimate purposes to such an 
end, on some possible contingencies, have, at 
times, been expressed. It is, however, true 
that the people have ever regarded the acts of 
the Territoral legislation, so usurped as afore- 
said, as utterly without legal force, and have 
not held themselves bound in obedience there- 
to ; and the same have been in effect generally 
inoperative in the Territory, except so far as 
enforced by United States troops. 

In February, 185'7,the Territorial Legislature 
passed a law for the election of a Convention 
to form a Constitution for Kansas, as a State, 
with a view to apply to Congress for admis- 
sion. This was done without any act of Con- 
gress for that purpese, Congress having re- 
cently refused to pass such a lawj though 
recommended by the President ; and the pro- 
ceeding was therefore, though not unlawful, 
in no way authoritative, and its result entitled 
to the consideration of Congress only so far 
as it was sanctioned by the votes and ex- 
pressed the free will of the people of the 
Territory, or a majority thereof, in a full elec- 
tion, fairly conducted. Such a result could 
not be ascertained but by subjecting the Con- 
stitution to the full and unconditional vote of 
the whole people, for ratification or rejection. 
This is more especially true when conflicting 



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6 



opinions on the subject are well known 
exist, as was the case with this Territory. 



large part of the people, and, from what stib- 
eequently occurred, it is apparent a large 
majority of the people, did not participate ia 
the election of these delegates ; and a stiffi- 
cient reason for that course was found in these 
considerations : 

1st. The supervision and returns of the 
election was in power of men appointed by a 
Legislature in whose election a large part of 
the people never participated, in whom, for 
thi< cause, and from the manner in which they 
conducted elections, they had no confidence. 

2d. •The United States officers there, the 
Governor and Secretary, had no control over 
these judges of the election. 

3d. The Territorial Legislature, in dircctiug 
the election of delegates to the Convention, 
had provided for the taking a census for the 
apportionment of delegates, and making a 
voting list in the several counties. This was, 
by accident or design, very imperfectly done 
in any county, and in almost one-half of the 
counties, some of which were among the most 
populous in the Territory, it was entirely 
neglected, and therefore a large part of the 
people were entirely prevented from acting. 

4th. The people were often, repeatedly, ajid 
officially assured by the Governor and Secre- 
tary, whom they regard as the organs of the 
General Government, that the Constitution, 
when formed, must be and should be sub- 
mitted unconditionally to the whole actual 
resident people, for their ratification or rejec- 
tion. Under these circumstances, relying on 
these official assurances, they awaited quietly 
that day, and promised opportunity to exer- 
cise their acknowledged inalienable right to 
vote on their own Constitution. The result 
has shown this Avas an unreliable security, 
for the Constitution, as formed by the Con- 
vention, was by them never so submitted to 
the people, but in the conditional and decep- 
tive manner hereafter described. The Con- 
vention, so elected, met in September, 1857, 
at Lecompton, and adjourned until after the 
Territorial election of a Legislature in Octo- 
ber, 1857. 

The mass, of the people of that Territory 
have always placed confidence in the fidelity 
and integrity of the Governors whom the 
President has appointed, whenever the same 
have been long enough in the Territory, from 
personal acquaintance with its people and 
condition, to become disabused of the delusion 
in relation to them Avhich seems to be enter- 
tained and cherished with so much pertinacity 
by the dominant power in Washington. When 
Governor Walker and acting Governor Stan- 
ton had personally and clearly ascertained — 
as Governor Reeder and Governor Geary had 
done before them — that the great body of the 
people, including most of its worthy and relia- 
ble inhabitants of both political parties, truly 
regarded themselves as oppressed and domi- 
neered over by a small and unscrupulous 
minority, inaugurat'ed by violence and perpet- 



ai>d supported by 
and that this great 



uated by frnud, backed 
United States dragoons, 

body of the people had, with long forbearance, 
waited for a fair opportunity peaceably, at 
the ballot-box, to manifest their opinions and 
their strength, and reclaim their rights, then 
it was that they honestly resolved to endeavor 
to give to that people such an opportunity, as 
far as they were able. They proceeded indus- 
triously arid faithfully to exhort the people to 
participate in the election of a Territorial Leg- 
islature in October, 1857, not under the Ter- 
ritorial acts, but under the laws of Congress, 
and gave the most authoritative assurances of 
freedom and fairness. That people knew, 
indeed, that the supervision and control of 
the election was in the hands of officers never 
appointed by them or the Governor, and not 
under their control, and that they were subject 
to being outvoted by voters, by such officers 
admitted to vote, from Missouri, or by the 
insertion of fictitious votes, or bj' false returns. 
Unwilling, however, to be longer taunted from 
abroad with the charge of cowardly or factious 
inaction, and relying on the assurances of the 
Governor, and their own well-known superi- 
ority of numbers, they generally concluded to 
proceed to the polls, and attempt once more 
to exercise their rights under the laws of Con- 
gress. And what does the result disclose ? 
It shows that, notwithstanding many declined 
to vote, lest thereby they should impliedly 
recognise as lawful the existing usurpation, 
over 11,000 votes were cast, and a Free State 
Legislature elected. In the next place, the 
result showed that all the apprehensions of 
that people as to fraudulent voting and re- 
turns, under the auspices of these judges of 
the elections, were well founded. We are well 
informed by Governor AValker and Secretary 
Stanton, that votes to the amount of 1,600 in 
one case, and over 1,000 in an«ther, came cer- 
tified from precincts where, from personal ex- 
amination, they found a limited population of 
but a few hundred. A large part of these 
votes were obviously fictitious ; and those re- 
turns were set aside, being informally certified. 
Had not this been done by the Governor, tb« 
original usurpation would again have b^i 
renewed and perpetuated by fraud. 

The result of this election was regarded' '^y 
all candid men there as settling the cont^'tion 
of Kansas, and, accordingly, when the Con- 
ventien assembled at Lecompton, on its ad- 
journment, it was difficult to obtair even a 
bare majority to constitute a quorum. A 
majority of this quorum, but not of whole 
elected delegates, proceeded witi the spirit 
of desperation to defeat and evade the well- 
known and clearly-expressed will of the peo- 
ple, and, by ingenious devices and cunnjng 
forms, to fasten upon them a State Cons^tu- 
tion abhorrent to their feelings, and a^ the 
same time redeem, in a delusive form only, 
the pledges which had been given that it 
should be submitted to the people. In order 
to evade and frustrate the will of that people, 
thus impose upon them a Constitution against « 



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i 



their consent, five, apparently certain legal 
securities, -n-ere to be evaded or demolished. 
1st. The Constitution with slavery must not 
be submitted to the people in any such way 
that a majority could reject it ; and yet it 
must be submitted to them, to redeem pledges 
and keep up appearances of fairness. 2d. The 
conduct of Governor Walker having shown 
that he would not prostitute his official duty 
by aiding in the success of fictitious votes and 
illegal returns, a course must be taken to 
avoid any use of his official action. 3d. The 
use of the legal officers for conducting the 
elections and making returns must be avoided, 
as they might be subjected to penalties if guilty 
offraud, and possibly the new Territorial Legis- 
lature might make appointment of honest men. 
4th. In order to supersede the Legislature, so 
recently elected by the people, and restore 
power to the usurpation it had overcome, it 
was necessary so to make the apportionment 
of Representatives, under the proposed State 
Government, as to overcome the actual Free 
State majority, now well known to exist, and 
keep the supervision of the election out of their 
hands. 5th. To so arrange it as to render anj' 
action of the new Legislature unavailable, and 
to perpetuate the laws w;hich the long-continued 
usurpation had adopted. 

To effect these purposes, the Convention ad- 
dressed themselves with unscrupulous inge- 
nuity, and whether with success, it remains 
for Congress to determine. 

They framed a Constitution establishing sla- 
very in two forms : First, for perpetuating in 
slavery all slaves then in the Territory, and their 
progenj"-, and prohibiting abolition. Second, al- 
lowing their unlimited introduction with their 
owners, for settlement. They then provided 
for submitting this Constitution to the people, 
professedly- for their approval or rejection, on 
the 21st day of*December, 1857; but, in this 
form onl}"-, that they might vote "the Cojisti- 
tution witli slavery," or "the Constitution with 
^no slaverJ^" If the former had a majority, the 
Constitution was adopted ; if the latter 
jd a majority, it rejected only tha.t clause al- 
ag the further importation of slaves. They 
not allowed to vote against the Constitu- 
so it was to be adopted, however objec- 
3, and to be a slaveholdiug State in any 
cveniv In this manner, the first object was to 
be eff^ed. 

TheyVovided that the election was to be 
conductel and returns made, by men appointed 
by the Prdddent of the Convention, (Calhoun,) 
after the Convention had closed, and thereby 
he out of ofBsje, and the returns to be made to 
him. Thus was the Governor got rid of, and 
tlie second object effected. 

This mode of making and using supervisors, 
or judges of election, unknown to law, secured 
the third object. The provision by them that 
such men should be subjected to prosecution 
for frauds, &c., was an idle show of legislation, 
entirely inoperative. To secure the fourth 
purpose, the Convention based their apportion- 
ment of Representatives in the State election, 



to take pxace m January, 1858, upon the sam« 
spurious, fraudulent, and fictitious votes so 
returned and rejected in the late Territorial 
election. To secure the fifth object, they pro- 
vided that all laws then existing (not those 
existing when the State should be admitted) 
should remain in force until repealed by a 
State Legislature, under the Constitution. 
The great mass of the people, unwilling to bo 
the dupes of such trickery, declined voting in 
the manner proposed, on that Constitution, 
December 21, 1857 ; and the Territorial Legis- 
lature was assembled by the call of Acting 
Governor Stanton. A vote was taken «n the 
21st December, by the men appointed by Cal- 
houn, who returned to him that there was cast 
some 6,000 votes, adopting the Constitution 
with slavery, as formed. What proportion of 
these votes, or of those cast for the delegates, 
were fraudulent and spurious, we have no cer- 
tain means of determining, as the Senate has 
declined instructing or authorizing the com- 
mittee to obtain full information, or clothing 
them with the means for that purpose. We 
have, however, the authority of the presiding 
officers of the two branches of the Legislature, 
who were present at the counting of the votes' 
on the Constitution, by invitation of said Cal- 
houn, for saying that not more than two thou- 
sand of these were cast by legal voters of the 
Territory. 

The Territorial Legislature, so assembled by 
Acting Governor Stanton, passed an act pro- 
viding that the people, on the 4th of January, 
1858, should cast their votes on said Constitu- 
tion, either for it with slaverj', for ii without 
slavery, or against the Constitution. 

That vote was taken, and the vote against 
the Constitution was more than ten thousand 
majority. 

The Convention provided for the election of 
State officers and a Legislature under the Con- 
stitution on the 4th daj^ of January, 1858, but 
it was to be conducted by the same men so 
appointed by said Calhoun, and the returns 
made to him. As to the vsting at this State 
election, the Free State people were much di- 
vided in opinion. A large num.ber declined to- 
vote, as they feared the so doing would be un- 
fairly insisted on by their opponents as a ratifi- 
cation of the Constitution, to which they were 
opposed. A part of the Free State people, who 
had thus voted against the Constitution, ap- 
prehending, more especially from what was 
contained in the President's annual message, 
that Congress might admit Kansas as a State, 
and with this Constitution, even though con- 
trary to the will of the majority of the people 
tlieie; and unwilling, in that event, to leave 
the State officers and Legislature in the hands 
of the minority who framed and adopted that 
Constitution, proceeded to vote at the election 
of those State officers at the polls conducted 
by the men so appointed by said Calhoun. 

The returns of this election have been made 
to said Calhoun, but, as the committee have 
received no power to institute inquiry into the 
true character of that election, we are unable 



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(; ^'^y bow far the yrell-prepared arranfrements 
•^uocfeasfui imposition have beeu earned into 

- p^J'ion >>^iuipunity. 
Testip"^-^^'^'^^"^ ^^'^^ disclosed by the in- 
we fe- r'''^ before the Territorial Lejfislaturc, 
tioijgi;! authoi-ized to believe that the prepara- 
beer/ ^^ defeat the will of that people have 
re.«/i extensively executed, an^ their ultimate 
]. ynilts depend on the action of said Calhoun, 
A a capacity nuknown as a legal officer, and 
in no way subject to a prosecution or impeach- 
ment. That he will bo faithful to the ultimate 
purposes for which he has so long and un- 
scrupulously labored — that is, the making 
of Kansas a permanent slaveholding State, 
whether its people desire or not — we hav« 
little reason to doubt, so far as ho can do it 
with impunity. 

The Territorial Government of Kansas wag 
never organized as provided in its organic act — 
that is, by its own people — but was usurped 
by a foreign force, conquered, subdued by arms, 
and a minority installed in power, which has 
ever since been sustained by the General Gov- 
enment, instead of being examined into and 
corrected. This has been done and sustained 
to establish and perpetuate slavery. 

The Lecompton Constitution is tho result 



of this proceeding, and is contrary to the will 
of a great majority of that people, legally ex- 
pressed; and the proceeding of Congress, at 
its discretion, to consummate this protracted 
atrocity, ami especially for such a purpose, is 
a violation of the fundamental principle of 
republican government, and can produce no 
permanent repose or satisfaction. 

The people of that Tei'ritory, in the late Ter- 
ritorial election, have reclaimed their rights, 
and that Territorial Government is for the first 
time now moving peaceably on in its legiti- 
mate sphere of promised freedom. 

This Lecompton Constitution and its adop- 
tion was concocted and executed to supersede 
this triumph of justice. To admit it by Con- 
gress, is but to give success to fraud and en- 
couragement to iniquity; and to turn over that 
people, not to an election fairly and legally 
conducted, but to such State officers and legis- 
■lators as said Calhoun shall hereafter proclaim, 
and on such contingency as he shall determine ; 
and his long, mysterious, and inexcusable in- 
decision and reserve, but encourages expecta- 
tation in both parties, one of whjich is certainly 
doomed to disappointment. 

J. COLLAMEB. 

B. F. Wadh. 



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